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US DOJ asks court to reject TikTok challenge to crackdown law
By David Shepardson
(Reuters) -The U.S. Department of Justice asked a federal appeals court late on Friday to uphold an April law requiring China-based ByteDance to sell TikTok’s U.S. assets by Jan. 19 or face a ban.
The DOJ argued in its filing that TikTok under Chinese ownership poses a serious national security threat because of its access to vast personal data of Americans, asserting China can covertly manipulate information that Americans consume via TikTok.
“The serious national-security threat posed by TikTok is real,” the department said. “TikTok provides the Chinese government the means to undermine U.S. national security in two principal ways: data collection and covert content manipulation.”
The Biden administration asked the U.S. Court of Appeals for the District of Columbia to reject lawsuits by TikTok, parent company ByteDance and a group of TikTok creators seeking to block the law that could ban the app used by 170 million Americans.
TikTok has repeatedly denied it would ever share U.S. user data with China or that it manipulates video results.
“The government has never put forth proof of its claims, including when Congress passed this unconstitutional law. Today, once again, the government is taking this unprecedented step while hiding behind secret information”, TikTok posted on social media platform X in response to the DOJ brief.
The DOJ’s filing details wide-ranging national security concerns about ByteDance’s ownership of TikTok.
“China’s long-term geopolitical strategy involves developing and pre-positioning assets that it can deploy at opportune moments,” the department said.
The government acknowledged in a separate declaration it had no information that the Chinese government had gained access to the data of U.S. TikTok users but said the risk of the possibility was too great.
“The United States is not required to wait until its foreign adversary takes specific detrimental actions before responding to such a threat,” the filing said.
PRESIDENTIAL ELECTION ISSUE
The government also filed a classified document with the court detailing additional security concerns about ByteDance’s ownership of TikTok, as well as broader declarations from the FBI, Office of the Director of National Intelligence and DOJ’s National Security Division.
ByteDance told the U.S. government that TikTok’s source code contained 2 billion lines of code making a full review impossible. “Oracle (NYSE:) estimated it would require three years to review this body of code,” excluding additional changes, DOJ added.
Signed by President Joe Biden on April 24, the law gives ByteDance until Jan. 19 to sell TikTok or face a ban. The White House says it wants to see Chinese-based ownership ended on national security grounds, but not a ban on TikTok.
The department rejected all the arguments raised by TikTok, including that the law violates the First Amendment free speech rights of Americans who use the short video app, saying the law addresses national security concerns, not speech, and is aimed at China’s ability to exploit TikTok to access Americans’ sensitive personal information.
TikTok users have “numerous other well-known platforms” such as YouTube, Facebook (NASDAQ:), Instagram, Snapchat and X that they could use instead, the DOJ said.
The DOJ added TikTok’s $2 billion plan to protect U.S. user data was insufficient, saying the company’s proposed agreement was not enough in part because U.S officials do not trust ByteDance and in the government’s “lack of confidence that it had either the resources or capability to catch violations.”
The appeals court will hold oral arguments on the legal challenge on Sept. 16, putting the issue of TikTok’s fate into the final weeks of the Nov. 5 presidential election.
Republican presidential nominee Donald Trump has joined TikTok and said in June he would never support a TikTok ban. Vice President Kamala Harris, who is poised to become the Democratic nominee, joined TikTok this week.
The law prohibits app stores like Apple (NASDAQ:) and Alphabet (NASDAQ:)’s Google from offering TikTok and bars internet hosting services from supporting TikTok unless it is divested by ByteDance.
Driven by worries among U.S. lawmakers that China could access data on Americans or spy on them with the app, Congress overwhelmingly passed the measure just weeks after it was introduced.
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Palantir, Anduril join forces with tech groups to bid for Pentagon contracts, FT reports
(Reuters) – Data analytics firm Palantir Technologies (NASDAQ:) and defense tech company Anduril Industries are in talks with about a dozen competitors to form a consortium that will jointly bid for U.S. government work, the Financial Times reported on Sunday.
The consortium, which could announce agreements with other tech groups as early as January, is expected to include SpaceX, OpenAI, autonomous shipbuilder Saronic and artificial intelligence data group Scale AI, the newspaper said, citing several people with knowledge of the matter.
“We are working together to provide a new generation of defence contractors,” a person involved in developing the group told the newspaper.
The consortium will bring together the heft of some of Silicon Valley’s most valuable companies and will leverage their products to provide a more efficient way of supplying the U.S. government with cutting-edge defence and weapons capabilities, the newspaper added.
Palantir, Anduril, OpenAI, Scale AI and Saronic did not immediately respond to a Reuters request for comment. SpaceX could not be immediately reached for a comment.
Reuters reported earlier this month that President-elect Donald Trump’s planned U.S. government efficiency drive involving Elon Musk could lead to more joint projects between big defense contractors and smaller tech firms in areas such as artificial intelligence, drones and uncrewed submarines.
Musk, who was named as a co-leader of a government efficiency initiative in the incoming government, has indicated that Pentagon spending and priorities will be a target of the efficiency push, spreading anxiety at defense heavyweights such as Boeing (NYSE:) , Northrop Grumman (NYSE:) , Lockheed Martin (NYSE:) and General Dynamics (NYSE:) .
Musk and many small defense tech firms have been aligned in criticizing legacy defense programs like Lockheed Martin’s F-35 fighter jet while calling for mass production of cheaper AI-powered drones, missiles and submarines.
Such views have given major defense contractors more incentive to partner with emerging defense technology players in these areas.
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Weakened Iran could pursue nuclear weapon, White House’s Sullivan says
By Simon Lewis (JO:)
(Reuters) -The Biden administration is concerned that a weakened Iran could build a nuclear weapon, White House National Security Adviser Jake Sullivan said on Sunday, adding that he was briefing President-elect Donald Trump’s team on the risk.
Iran has suffered setbacks to its regional influence after Israel’s assaults on its allies, Palestinian Hamas and Lebanon’s Hezbollah, followed by the fall of Iran-aligned Syrian President Bashar al-Assad.
Israeli strikes on Iranian facilities, including missile factories and air defenses, have reduced Tehran’s conventional military capabilities, Sullivan told CNN.
“It’s no wonder there are voices (in Iran) saying, ‘Hey, maybe we need to go for a nuclear weapon right now … Maybe we have to revisit our nuclear doctrine’,” Sullivan said.
Iran says its nuclear program is peaceful, but it has expanded uranium enrichment since Trump, in his 2017-2021 presidential term, pulled out of a deal between Tehran and world powers that put restrictions on Iran’s nuclear activity in exchange for sanctions relief.
Sullivan said that there was a risk that Iran might abandon its promise not to build nuclear weapons.
“It’s a risk we are trying to be vigilant about now. It’s a risk that I’m personally briefing the incoming team on,” Sullivan said, adding that he had also consulted with U.S. ally Israel.
Trump, who takes office on Jan. 20, could return to his hardline Iran policy by stepping up sanctions on Iran’s oil industry.
Sullivan said Trump would have an opportunity to pursue diplomacy with Tehran, given Iran’s “weakened state.”
“Maybe he can come around this time, with the situation Iran finds itself in, and actually deliver a nuclear deal that curbs Iran’s nuclear ambitions for the long term,” he said.
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Ukraine says Russian general deliberately targeted Reuters staff in August missile strike
(Reuters) -Ukraine’s security service has named a Russian general it suspects of ordering a missile strike on a hotel in eastern Ukraine in August and said he acted “with the motive of deliberately killing employees of” Reuters.
The Security Service of Ukraine (SBU) said in a statement on Friday that Colonel General Alexei Kim, a deputy chief of Russia’s General Staff, approved the strike that killed Reuters safety adviser Ryan Evans and wounded two of the agency’s journalists on Aug. 24.
In a statement posted on Telegram messenger the SBU said it was notifying Kim in absentia that he was an official suspect in its investigation into the strike on the Sapphire Hotel in Kramatorsk, a step in Ukrainian criminal proceedings that can later lead to charges.
In a separate, 15-page notice of suspicion, in which the SBU set out findings from its investigation, the agency said that the decision to fire the missile was made “with the motive of deliberately killing employees of the international news agency Reuters who were engaged in journalistic activities in Ukraine”.
The document, which was published on the website of the General Prosecutor’s Office on Friday, said that Kim had received intelligence that Reuters staff were staying in Kramatorsk. It added that Kim would have been “fully aware that the individuals were civilians and not participating in the armed conflict”.
The Russian defence ministry did not respond to a request for comment on the SBU’s findings and has not replied to previous questions about the attack. The Kremlin also did not respond to a request for comment. Kim did not reply to messages sent by Reuters to his mobile telephone seeking comment about the SBU’s statement and whether the strike deliberately targeted Reuters staff.
The SBU did not provide evidence to support its claims, nor say why Russia targeted Reuters. In response to questions from the news agency, the security agency declined to provide further details, saying its criminal investigation was still under way and it was therefore not able to disclose such information.
Reuters has not independently confirmed any of the SBU’s claims.
Reuters said on Friday: “We note the news today from the Ukrainian security services regarding the missile attack on August 24, 2024, on the Sapphire Hotel in Kramatorsk, a civilian target more than 20 km from Russian-occupied territory.”
“The strike had devastating consequences, killing our safety adviser, Ryan Evans, and injuring members of our editorial team. We continue to seek more information about the attack. It is critically important for journalists to be able to report freely and safely,” the statement said.
Reuters declined to comment further on the allegation that its staff were deliberately targeted.
The SBU statement said Kim had been named a suspect under two articles of the Ukrainian criminal code: waging an aggressive war and violating the laws and customs of war.
“It was Kim who signed the directive and gave the combat order to fire on the hotel, where only civilians were staying,” it said.
Evans, a 38-year-old former British soldier who had worked as a safety adviser for Reuters since 2022, was killed instantly in the strike.
The SBU statement gave some details about how the strike had occurred, according to its investigation.
“To carry out the attack, the Russian colonel general involved one of his subordinate missile forces units,” the Ukrainian agency said, adding that the strike was carried out with an Iskander-M ballistic missile.
The SBU did not identify the specific unit.
Ivan Lyubysh-Kirdey, a videographer for the news agency who was in a room across the corridor, was seriously wounded. Kyiv-based text correspondent Dan Peleschuk was also injured.
The remaining three members of the Reuters team escaped with minor cuts and scratches.
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